Mediation is a must before filing a lawsuit in certain disputes.
Condition of Litigation Mediation
- Labor law receivables
- Consumer disputes (above a certain amount)
- Commercial disputes (above 10,000 TL)
- Family law (some scope)
Process
- Selection of mediator from the list of the Ministry of Justice
- First meeting
- Negotiation (3-6 weeks)
- Agreement → minutes
- Non-agreement → right to file a lawsuit
Advantages
- Fast (1-2 months)
- Low cost
- Flexible solution
- Mutual gain
- The agreement is in the nature of a judgment
Supreme Court HGK
HGK accepts that mediation agreements are "executable" and that mediation is mandatory as a condition of litigation.
Mediation expert lawyer is recommended.